Portland, Ore. — Oregon’s new law to recriminalize the possession of small amounts of hard drugs will take effect this Sunday, with just two days left until it begins. As the launch of House Bill 4002 nears, community members and local leaders in Portland are discussing questions and potential solutions.
Under HB 4002, people caught with drugs like fentanyl or meth will have a choice between facing charges or undergoing treatment. Treatment includes a behavioral health screening and participation in a deflection program to avoid fines.
Portland Police Chief Bob Day explained that officers can offer deflection only to adults who meet specific criteria: no other charges, warrants, or holds, being medically stable, non-violent, and agreeing to deflection instead of jail. If eligible, officers will connect them to a mobile behavioral health outreach team that must respond within 30 minutes.
However, if the outreach team cannot arrive within 30 minutes, the person may be taken to jail. Chief Day acknowledged this inequity but noted it’s not a common issue.
Multnomah County will rely on mobile outreach until mid- to late October 2024 as it works to open a deflection center at 900 SE Pine Street, delayed by staffing shortages. For now, deflection is only available from 10 a.m. to 5 p.m. on Sunday and Monday over the holiday weekend, then shifts to 8 a.m. to 8 p.m. Monday through Friday.
Chief Day emphasized that arresting people is not the answer to addiction but acknowledged the need to interrupt harmful behavior. Those who fail to complete deflection requirements within 30 days may be arrested if caught with drugs again. There is no current limit on how many times someone can avoid arrest, but repeat offenders may eventually face jail time.
The Multnomah County District Attorney’s Office is prepared for an increase in prosecutions due to this new law. Cases ineligible for deflection will be prosecuted as usual, and close coordination with law enforcement will continue as HB 4002 is implemented.